CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW ...

CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

(C.A.R. Form RPA-CA, Revised 12/15 )

Date Prepared:

1. OFFER:

A. THIS IS AN OFFER FROM

("Buyer").

B. THE REAL PROPERTY to be acquired is

, situated in

(City),

(County), California,

(Zip Code), Assessor's Parcel No.

("Property").

C. THE PURCHASE PRICE offered is

Dollars $

.

D. CLOSE OF ESCROW shall occur on

(date)(or

Days After Acceptance).

E. Buyer and Seller are referred to herein as the "Parties." Brokers are not Parties to this Agreement.

2. AGENCY:

A. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships"

(C.A.R. Form AD).

B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:

Listing Agent

(Print Firm Name) is the agent of (check one):

the Seller exclusively; or both the Buyer and Seller.

Selling Agent

(Print Firm Name) (if not the same as the

Listing Agent) is the agent of (check one): the Buyer exclusively; or the Seller exclusively; or both the Buyer and Seller.

C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a "Possible

Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).

3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder.

A. INITIAL DEPOSIT: Deposit shall be in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

(1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds

transfer, cashier's check, personal check, other

within 3 business days

after Acceptance (or

);

OR (2) Buyer Deposit with Agent: Buyer has given the deposit by personal check (or

)

to the agent submitting the offer (or to

), made payable to

. The deposit shall be held uncashed until Acceptance and then deposited

with Escrow Holder within 3 business days after Acceptance (or

).

Deposit checks given to agent shall be an original signed check and not a copy.

(Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.)

B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of . . . . . . . . . $

within

Days After Acceptance (or

).

If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased

deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form

RID) at the time the increased deposit is delivered to Escrow Holder.

C. ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer

obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or

Buyer shall, within 3 (or

) Days After Acceptance, Deliver to Seller such verification.

D. LOAN(S):

(1) FIRST LOAN: in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

This loan will be conventional financing or FHA, VA, Seller financing (C.A.R. Form SFA),

assumed financing (C.A.R. Form AFA), Other

. This loan shall be at a fixed

rate not to exceed

% or, an adjustable rate loan with initial rate not to exceed

%.

Regardless of the type of loan, Buyer shall pay points not to exceed

% of the loan amount.

(2) SECOND LOAN in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

This loan will be conventional financing or Seller financing (C.A.R. Form SFA), assumed

financing (C.A.R. Form AFA), Other

. This loan shall be at a fixed rate not to

exceed

% or, an adjustable rate loan with initial rate not to exceed

%. Regardless of

the type of loan, Buyer shall pay points not to exceed

% of the loan amount.

(3) FHA/VA: For any FHA or VA loan specified in 3D(1), Buyer has 17 (or

) Days After Acceptance

to Deliver to Seller written notice (C.A.R. Form FVA) of any lender-required repairs or costs that

Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender

requirements unless agreed in writing. A FHA/VA amendatory clause (C.A.R. Form FVAC) shall be a

part of this Agreement.

E. ADDITIONAL FINANCING TERMS:

F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . $ to be deposited with Escrow Holder pursuant to Escrow Holder instructions.

G. PURCHASE PRICE (TOTAL): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

Buyer's Initials (

) (

)

? 1991-2015, California Association of REALTORS?, Inc.

Seller's Initials (

) (

)

RPA-CA REVISED 12/15 (PAGE 1 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 1 OF 10)

Phone:

Fax:

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Property Address:

Date:

H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph

3J(1)) shall, within 3 (or

) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and

closing costs. ( Verification attached.)

I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or is NOT) contingent upon a written appraisal of the

Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 14B(3),

in writing, remove the appraisal contingency or cancel this Agreement within 17 (or

) Days After Acceptance.

J. LOAN TERMS:

(1) LOAN APPLICATIONS: Within 3 (or ) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or

loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved

for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification

or preapproval letter shall be based on the qualifying rate, not the initial loan rate. ( Letter attached.)

(2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification

for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal

contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase

price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified

for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not

contingencies of this Agreement.

(3) LOAN CONTINGENCY REMOVAL:

Within 21 (or

) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing, remove the loan contingency or

cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the

appraisal contingency.

(4) NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not

obtain the loan and as a result does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.

(5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to

by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender ("Lender

Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable

Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to

the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.

K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not

limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific

closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the

financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than

that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to

purchase the Property and close escrow as specified in this Agreement.

4. SALE OF BUYER'S PROPERTY:

A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer.

OR B. This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified

in the attached addendum (C.A.R. Form COP).

5. ADDENDA AND ADVISORIES:

A. ADDENDA:

Addendum #

(C.A.R. Form ADM)

Back Up Offer Addendum (C.A.R. Form BUO)

Court Confirmation Addendum (C.A.R. Form CCA)

Septic, Well and Property Monument Addendum (C.A.R. Form SWPI)

Short Sale Addendum (C.A.R. Form SSA)

Other

B. BUYER AND SELLER ADVISORIES: Probate Advisory (C.A.R. Form PA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (C.A.R. Form SSIA)

6. OTHER TERMS:

Buyer's Inspection Advisory (C.A.R. Form BIA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) REO Advisory (C.A.R. Form REO) Other

7. ALLOCATION OF COSTS

A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, this paragraph only determines who

is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work

recommended or identified in the Report.

(1) Buyer Seller shall pay for a natural hazard zone disclosure report, including tax environmental Other:

prepared by

.

(2) Buyer Seller shall pay for the following Report

prepared by

.

(3) Buyer Seller shall pay for the following Report

prepared by

.

Buyer's Initials (

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Seller's Initials (

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RPA-CA REVISED 12/15 (PAGE 2 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 10)

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Property Address:

Date:

B. GOVERNMENT REQUIREMENTS AND RETROFIT:

(1) Buyer Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by

Law. Prior to Close Of Escrow ("COE"), Seller shall provide Buyer written statement(s) of compliance in accordance with state

and local Law, unless Seller is exempt.

(2) (i) Buyer Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports

if required as a condition of closing escrow under any Law.

(ii) Buyer Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards

required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE.

(iii) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or

point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property.

C. ESCROW AND TITLE:

(1) (a) Buyer Seller shall pay escrow fee

.

(b) Escrow Holder shall be

.

(c) The Parties shall, within 5 (or ) Days After receipt, sign and return Escrow Holder's general provisions.

(2) (a) Buyer Seller shall pay for owner's title insurance policy specified in paragraph 13E

.

(b) Owner's title policy to be issued by

.

(Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.)

D. OTHER COSTS:

(1) Buyer Seller shall pay County transfer tax or fee

.

(2) Buyer Seller shall pay City transfer tax or fee

.

(3) Buyer Seller shall pay Homeowners' Association ("HOA") transfer fee

.

(4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code ?4525.

(5) Buyer Seller shall pay HOA fees for preparing all documents other than those required by Civil Code ?4525.

(6) Buyer to pay for any HOA certification fee.

(7) Buyer Seller shall pay for any private transfer fee

.

(8) Buyer Seller shall pay for

.

(9) Buyer Seller shall pay for

.

(10) Buyer Seller shall pay for the cost, not to exceed $

, of a standard (or upgraded)

one-year home warranty plan, issued by

, with the

following optional coverages: Air Conditioner Pool/Spa Other:

.

Buyer is informed that home warranty plans have many optional coverages in addition to those listed above. Buyer is advised

to investigate these coverages to determine those that may be suitable for Buyer.

OR Buyer waives the purchase of a home warranty plan. Nothing in this paragraph precludes Buyer's purchasing

a home warranty plan during the term of this Agreement.

8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:

A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not

included in the purchase price or excluded from the sale unless specified in paragraph 8 B or C.

B. ITEMS INCLUDED IN SALE: Except as otherwise specified or disclosed,

(1) All EXISTING fixtures and fittings that are attached to the Property;

(2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates,

solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor

coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote

controls, mailbox, in-ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security

systems/alarms and the following if checked: all stove(s), except

; all refrigerator(s)

except

; all washer(s) and dryer(s), except

;

(3) The following additional items:

.

(4) Existing integrated phone and home automation systems, including necessary components such as intranet and Internet-

connected hardware or devices, control units (other than non-dedicated mobile devices, electronics and computers) and

applicable software, permissions, passwords, codes and access information, are ( are NOT) included in the sale.

(5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer

if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or

specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty,

etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to

any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 14B and C.

(6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall

be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 8B(5) and

, and (ii) are transferred without Seller warranty regardless of value.

C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: (i) audio and video

components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a

bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured

to the Property for earthquake purposes; and (iii)

. Brackets attached to walls, floors or ceilings for any such component, furniture or item shall remain with the Property (or will be removed and holes or other damage shall be repaired, but not painted).

Buyer's Initials (

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Seller's Initials (

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RPA-CA REVISED 12/15 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 10)

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Property Address:

Date:

9. CLOSING AND POSSESSION:

A. Buyer intends (or does not intend) to occupy the Property as Buyer's primary residence.

B. Seller-occupied or vacant property: Possession shall be delivered to Buyer: (i) at 6 PM or (

AM/ PM) on the date of Close

Of Escrow; (ii) no later than calendar days after Close Of Escrow; or (iii) at

AM/ PM on

.

C. Seller remaining in possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (i) the

Parties are advised to sign a separate occupancy agreement such as C.A.R. Form SIP, for Seller continued occupancy of less than 30

days, C.A.R. Form RLAS for Seller continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their

insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii)

Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan.

D. Tenant-occupied property: Property shall be vacant at least 5 (or ) Days Prior to Close Of Escrow, unless otherwise agreed in

writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicable Law,

you may be in breach of this Agreement.

OR Tenant to remain in possession (C.A.R. Form TIP).

E. At Close Of Escrow: Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliver to Buyer

available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties.

F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks,

mailboxes, security systems, alarms, home automation systems and intranet and Internet-connected devices included in the purchase

price, and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required

to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities.

10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:

A. (1) Seller shall, within the time specified in paragraph 14A, Deliver to Buyer: (i) if required by Law, a fully completed: Federal Lead-

Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ("Lead Disclosures"); and (ii) unless exempt, fully completed disclosures or

notices required by sections 1102 et. seq. and 1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include,

but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or

actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially

equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has

actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD).

(2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed

and signed the Seller section(s) and the Listing Agent, if any, has completed and signed the Listing Broker section(s), or, if applicable,

an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any, from the obligation

to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV

of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such

an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Broker.

(3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law.

(4) Within the time specified in paragraph 14A, (i) Seller, unless exempt from the obligation to provide a TDS, shall, complete and

provide Buyer with a Seller Property Questionnaire (C.A.R. Form SPQ); (ii) if Seller is not required to provide a TDS, Seller shall

complete and provide Buyer with an Exempt Seller Disclosure (C.A.R. Form ESD).

(5) Buyer shall, within the time specified in paragraph 14B(1), return Signed Copies of the Statutory, Lead and other disclosures to Seller.

(6) In the event Seller or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the

Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall

promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or

amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or

which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.

(7) If any disclosure or notice specified in paragraph 10A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after

the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After

Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent.

B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A,

Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet, and home

energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area;

Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (iii) disclose any

other zone as required by Law and provide any other information required for those zones.

C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified

substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS).

D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified

registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at

meganslaw.. Depending on an offender's criminal history, this information will include either the address at which the

offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to

check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during

Buyer's inspection contingency period. Brokers do not have expertise in this area.)

E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform

you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the

National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at

. To seek further information about possible transmission pipelines near the Property, you may

contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP

Code and county on the NPMS Internet Web site.

F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:

(1) SELLER HAS: 7 (or ) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a

planned development or other common interest subdivision (C.A.R. Form SPQ or ESD).

Buyer's Initials (

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Seller's Initials (

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RPA-CA REVISED 12/15 (PAGE 4 OF 10)

CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 10)

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Property Address:

Date:

(2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has

3 (or ) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (i) Copies of any documents required by Law;

(ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and

number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special

meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "CI Disclosures"). (vi) private

transfer fees; (vii) Pet fee restrictions; and (viii) smoking restrictions. Seller shall itemize and Deliver to Buyer all CI Disclosures

received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this

Agreement as specified in paragraph 14B(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow

or direct to HOA or management company to pay for any of the above.

11. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (i) the Property is sold (a) "AS-IS" in its PRESENT

physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa,

landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris

and personal property not included in the sale shall be removed by Close Of Escrow.

A. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the

Property, including known insurance claims within the past five years, and make any and all other disclosures required by law.

B. Buyer has the right to conduct Buyer Investigations of the Property and, as specified in paragraph 14B, based upon information

discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action.

C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition.

Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property

improvements may not be built according to code, in compliance with current Law, or have had permits issued.

12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:

A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in

this paragraph and paragraph 14B. Within the time specified in paragraph 14B(1), Buyer shall have the right, at Buyer's expense unless

otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not

limited to: (i) a general physical inspection; (ii) an inspection specifically for wood destroying pests and organisms. Any inspection for

wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building

and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the

owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other

common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and

shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be

separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section

2); (iii) inspect for lead-based paint and other lead-based paint hazards; (iv) satisfy Buyer as to any matter specified in the attached

Buyer's Inspection Advisory (C.A.R. Form BIA); (v) review the registered sex offender database; (vi) confirm the insurability of Buyer

and the Property including the availability and cost of flood and fire insurance; and (vii) review and seek approval of leases that may

need to be assumed by Buyer. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: invasive or

destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report; or inspections by any

governmental building or zoning inspector or government employee, unless required by Law.

B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 14B, complete

Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete

Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement.

C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession

is made available to Buyer.

D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair

all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands,

damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers'

compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring

during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain

protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work

done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.

13. TITLE AND VESTING:

A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary

Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of

the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 14B. The

company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers

except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government

entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information.

B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other

matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay

off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller

has agreed to remove in writing.

C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title,

whether of record or not.

D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment

of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall

vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT

LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.

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E. Buyer shall receive a CLTA/ALTA "Homeowner's Policy of Title Insurance", if applicable to the type of property and buyer. If not, Escrow Holder

shall notify Buyer. A title company can provide information about the availability, coverage, and cost of other title policies and endorsements. If

the Homeowner's Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing and shall pay any increase in cost.

14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended,

altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by

either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC).

A. SELLER HAS: 7 (or ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is

responsible under paragraphs 5, 6, 7, 8B(5), 10A, B, C, and F, 11A and 13A. If, by the time specified, Seller has not Delivered any

such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement.

B. (1) BUYER HAS: 17 (or ) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations;

review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(5), and other applicable

information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies

of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 10A.

(2) Within the time specified in paragraph 14B(1), Buyer may request that Seller make repairs or take any other action regarding the

Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests.

(3) By the end of the time specified in paragraph 14B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a

removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure

or information for which Seller is responsible is not Delivered within the time specified in paragraph 14A, then Buyer has 5 (or )

Days After Delivery of any such items, or the time specified in paragraph 14B(1), whichever is later, to Deliver to Seller a removal of

the applicable contingency or cancellation of this Agreement.

(4) Continuation of Contingency: Even after the end of the time specified in paragraph 14B(1) and before Seller cancels, if at all,

pursuant to paragraph 14D, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement

based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this

Agreement pursuant to paragraph 14D(1).

(5) Access to Property: Buyer shall have access to the Property to conduct inspections and investigations for 17 (or ) Days After

Acceptance, whether or not any part of the Buyer's Investigation Contingency has been waived or removed.

C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency

Removal form (C.A.R. Form CR). If Buyer removes any contingency without an adequate understanding of the Property's

condition or Buyer's ability to purchase, Buyer is acting against the advice of Broker.

D. SELLER RIGHT TO CANCEL:

(1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a

removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to

Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for

fees incurred by Buyer.

(2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by

the time specified in this Agreement, Buyer does not take the following action(s): (i) Deposit funds as required by paragraph 3A, or

3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (ii) Deliver a notice of FHA or VA costs

or terms as required by paragraph 3D(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver

verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by

paragraph 3C or 3H; (v) In writing assume or accept leases or liens specified in 8B5; (vi) Return Statutory and Lead Disclosures as

required by paragraph 10A(5); or (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by

paragraphs 3B and 21B; or (viii) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In

such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer.

E. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or

Seller; and (iii) give the other Party at least 2 (or ) Days After Delivery (or until the time specified in the applicable paragraph,

whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of

the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14.

F. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless

otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports

and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the

transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or

cancellation right, or for the inability to obtain financing.

G. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this

Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (i) be

signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or

) Days After Delivery to close escrow. A DCE

may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow.

H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised

under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if

any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers

and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual

Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual

instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R. Form BDRD or SDRD).

Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's

notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If

Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all

claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation

instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good

faith dispute exists as to who is entitled to the deposited funds (Civil Code ?1057.3).

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15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or

) Days

Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 11;

(ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP).

16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at

Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including

governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality

and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all

Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written

statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts

and statements to Buyer prior to final verification of condition.

17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT

and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and

emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and

assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a

lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and

other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be

reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and

(ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE

OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.

18. BROKERS:

A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written

agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as

otherwise specified in the agreement between Broker and that Seller or Buyer.

B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller

should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or

completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation

to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects

on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible

areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the

title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii)

Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports,

Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair

market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax

advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing

other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed

activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.

19. REPRESENTATIVE CAPACITY: If one or more Parties is signing this Agreement in a representative capacity and not for him/herself

as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure

(C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement

or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual

capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting

already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in

that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code ?18100.5), letters

testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).

20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:

A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions

of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda,

and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5A, 6, 7, 10C, 13, 14G, 17, 18A, 19, 20, 26,

29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation

agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited

with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or

both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement

not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow

Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow

Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are

inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder

only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably

necessary to close the escrow and, as directed by Escrow Holder, within 3 (or ) Days, shall pay to Escrow Holder or HOA or

HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement.

B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After

Acceptance (or

). Buyer and Seller authorize Escrow

Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other

purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow

Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received

from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow

Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law.

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CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 10)

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C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the

section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in

paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any

other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written

consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow

Holder's payment to Broker(s) of compensation pursuant to this Agreement.

D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to

paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all

Brokers: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at

time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.

E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be

delivered to Escrow Holder within 3 Days after mutual execution of the amendment.

21. REMEDIES FOR BUYER'S BREACH OF CONTRACT:

A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit

non-refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid

unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code.

B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain,

as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one

of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any

excess shall be returned to Buyer. Except as provided in paragraph 14H, release of funds will require mutual,

Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF

ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION

INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM RID).

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22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Real Estate Mediation Center for Consumers () or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 22C. B. ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure ?1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."

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C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code ?2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court.

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